WTO Rules on Investment: Futility Manifold

Journal of International Business Research, Vol. 6, No. 2, pp. 69-96, 2007

46 Pages Posted: 26 Jan 2008 Last revised: 29 Aug 2008

See all articles by Amit Banerji

Amit Banerji

affiliation not provided to SSRN

Tarun Jain

Supreme Court of India

Date Written: November 15, 2007

Abstract

A prime factor of trade liberalization, investment, eludes a comprehensive coverage in the multilateral rule based regime under the World Trade Organization. The Agreement on Trade Related Investment Measures, though one exclusively concentrated on investment, has proved to be insufficient as regards various barriers facing liberalization of cross-border investment flows are concerned. The proposed Multilateral Investment Agreement (MAI) of OECD Group of countries also having failed to come up as planned, the field remains unoccupied even today. It is high time, therefore, that a consensus needs to emerge at the multilateral level as regards basic rules of fair-play and liberalization of host country measures towards foreign investment flows.

The chapterization is as under;

I. Introduction

II. Trade Related Investment Measures: An Insight (A) What are Trade Related Investment Measures? (B) Why TRIMs?: The Underlying Rationale (C) Types of TRIMS (D) Effect of TRIMs

III. Agreement on Trade Related Investment Measures (A) Genesis (B) Appraisal of Provisions of the Agreement (C) Salient Features of the Agreement (D) Shortfalls/Defects of the Agreement (E) Disputes Raised under the Agreement and Their Implications

IV. Other provisions of WTO dealing with Investment (A) GATT 1994 (B) General Agreement on Trade in Services (GATS) (C) Agreement on Subsidies and Countervailing Measures (SCM Agreement)

V. Bilateral and Multilateral Investment Treaties and their Relationship with WTO (A) Bilateral Investment Treaties and Their Advantages (B) Multilateral Investment Treaties and Their Advantages (C) OECD's MAI (D) BITs Principles on Investment: Lessons to be learnt

VI. Conclusion

Keywords: WTO, Investment, Trade Agreements

JEL Classification: K11, K33

Suggested Citation

Banerji, Amit and Jain, Tarun, WTO Rules on Investment: Futility Manifold (November 15, 2007). Journal of International Business Research, Vol. 6, No. 2, pp. 69-96, 2007, Available at SSRN: https://ssrn.com/abstract=1087334

Amit Banerji

affiliation not provided to SSRN

Tarun Jain (Contact Author)

Supreme Court of India ( email )

New Delhi
India

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